BILL NUMBER: AB 2006	CHAPTERED  07/21/00

	CHAPTER   154
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Dutra

                        FEBRUARY 18, 2000

   An act to amend Sections 6971, 6978, and 6979 of the Food and
Agricultural Code, relating to citrus fruit trees, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2006, Dutra.  Citrus fruit trees:  special assessments.
   Existing law imposes an annual assessment of 1% on citrus fruit
trees produced and sold within the state, or shipped from the state,
until January 1, 2001.  Funds from the assessment are used to carry
out certain programs of the Department of Food and Agriculture and
the University of California concerning these trees and are
continuously appropriated to the department for that purpose.
   This bill would extend the repeal date of these provisions to
January 1, 2006, and would require the advisory board, prior to
January 10th of each year, or as soon thereafter as possible, to
establish an annual assessment not to exceed 1 percent on the gross
sales of citrus trees, as specified.  Thus, the bill would make an
appropriation by continuing the above continuous appropriation until
January 1, 2006.
   Existing law requires the Secretary of Food and Agriculture to
appoint a board consisting of 7 members to assist and advise the
secretary concerning the implementation of these provisions.
   This bill would add an additional member to the board from the
citrus fruit industry.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6971 of the Food and Agricultural Code is
amended to read:
   6971.  (a) Prior to January 10th of each year, or as soon
thereafter as possible, the advisory board shall establish an annual
assessment not to exceed 1 percent on the gross sales of all citrus
fruit trees, except seedlings and rootstocks, produced and sold
within the state or produced within and shipped from the state by any
licensed nursery dealer during that dealer's applicable license
period.  This section does not apply to the sale of citrus fruit
trees from one California producer to another.
   (b) Gross sales shall be determined at the point of sale where the
stock is sold to farmers for planting, to homeowners for dooryard
planting, or to retailers or wholesalers for resale.  The assessment
shall only be levied and paid once on any particular plant.
   (c) The secretary may set the assessment at a lower percent to
cover the costs necessary to implement and carry out all department
programs established pursuant to Article 7 (commencing with Section
5821) of Chapter 8 of Part 1 concerning the registration and
certification of citrus fruit trees, the University of California
clonal activities concerning citrus fruit trees, indexing,
registration, and disease testing for new varieties and budwood
sources, and other activities related to the development of planting
materials for citrus fruit trees.
  SEC. 2.  Section 6978 of the Food and Agricultural Code is amended
to read:
   6978.  The secretary, upon consultation with the citrus fruit tree
nursery industry, shall appoint a board to assist and advise the
secretary concerning the implementation of this article.
   (a) The board shall consist of eight members, a majority of whom
are licensed producers of citrus fruit tree nurserystock, and a
minority of whom are users and a public member, as follows:
   (1) Five from citrus fruit tree nurseries.
   (2) Two from the citrus fruit industry.
   (3) One public representative.
   (b) Each term shall be for two-years.  Board members may serve
more than one term.
   (c) Board members shall represent all areas of the state involved
in the production of citrus fruit trees.
   (d) The board shall meet at least twice a year.  The chairperson
or the secretary may call any other meeting when it is deemed
necessary by one or both of them.  Each member shall be allowed per
diem and mileage in accordance with the rules of the Department of
Personnel Administration for attending any meeting of the board.
   (e) The board shall review and make recommendations to the
secretary concerning the ongoing operations of the department and the
University of California pertaining to this article.  This shall
include advice on expenditures, assessments needed to cover costs,
and proposals concerning the development of planting materials.
  SEC. 3.  Section 6979 of the Food and Agricultural Code is amended
to read:
   6979.  (a) This article shall become inoperative on April 10,
2005, and as of January 1, 2006, is repealed, unless a later enacted
statute, which is enacted before January 1, 2006, deletes or extends
that date.
   (b) If the repeal date of this article is not extended beyond
January 1, 2006, the final assessment levied pursuant to this article
shall be due and payable on or before April 10, 2005.
